With the increased attention on locating and removing undocumented workers, it is more important than ever for both individuals and businesses to understand the legal pathways to employment. To support this effort, please find below some helpful information designed to guide business owners and employees through the process of becoming eligible to work legally in the United States.
Federal law prohibits employers in the United States from knowingly hiring or continuing to employ individuals who are not authorized to work in this country. Business owners who discover that they have undocumented workers employed within their company need to understand both their legal responsibilities and the potential consequences of non-compliance.
Penalties for Employing Undocumented Workers
Employers found in violation of federal immigration employment laws may face:
Civil Fines:
• $627 to $5,016 per unauthorized employee for a first offense.
• Increased fines for subsequent violations – up to $25,076 per unauthorized worker.
Criminal Penalties:
• Up to $3,000 fine per unauthorized employee.
• Up to six months imprisonment for a pattern or practice of knowingly hiring undocumented workers.
Other Consequences:
• Loss of business licenses (in some jurisdictions)
• Disqualification from government contracts
• IRS and Department of Labor audits
Recommended Steps for Employers
If a business owner has reason to believe that undocumented
workers are currently employed within their company, the following steps are recommended:
I. Review All Employee 1-9 Forms
• Ensure that 1-9 Employment Eligibility Verification Forms are properly completed and maintained for every employee.
2. Consult a Qualified Immigration Attorney
• Immigration law is complex. Employers should not attempt to resolve these matters without professional legal guidance.
3. Cease Employment of Unauthorized Workers
• Federal law prohibits knowingly continuing to employ individuals who are not authorized to work in the U.S.
4. Assist Employees in Seeking Legal Counsel
• Some individuals may qualify for legal status through available immigration programs. Employers may assist by recommending or helping employees obtain qualified legal
representation.
5. Implement 1-9 Compliance Procedures
• Employers should consider developing internal policies to ensure future compliance, including regular audits and training of staff responsible for hiring.
6. Utilize E-Verify
• E-Verify is a free, web-based system operated by the Department of Homeland Security that allows businesses to confirm the eligibility of their employees to work in the United States.
The Bossier Parish Sheriff’s Office encourages all local businesses to follow federal employment laws and to seek professional legal guidance if faced with concerns regarding undocumented workers.
Taking early and voluntary steps to address these issues can help employers avoid costly penalties and legal consequences.